OUR PERPETUAL CONTRACTS AND ALL PROMOTIONS, ARE NOT OFFERED OR MADE AVAILABLE TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN THE UNITED STATES OF AMERICA (COLLECTIVELY, “US PERSONS”). MOREOVER, NONE OF OUR OTHER SERVICES ARE OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY (AS DEFINED BELOW) (ANY SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A “RESTRICTED PERSON”). WE DO NOT MAKE EXCEPTIONS; THEREFORE, IF YOU ARE A US PERSON, THEN DO NOT ATTEMPT TO USE OUR PERPETUAL CONTRACTS OR PARTICIPATE IN ANY PROMOTIONS, AND IF YOU ARE A RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE ANY OF THE SERVICES (AS DEFINED BELOW). USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.

These Promotional Terms and Conditions (these “Promotion Terms”) apply to all promotions and bonuses (each, a “Promotion”) that SwapBase Trading Inc. (“SwapBase”) offers. Each Promotion may have additional terms and conditions or rules (the “Rules”) that will be posted below or otherwise provided to you with the Promotion’s details. These Promotion Terms and the Rules for each Promotion will govern such Promotion and your participation in such Promotion. In the event of a conflict between these Promotion Terms and the applicable Rules, the terms of the applicable Rules will govern to the extent of such conflict. Please read these Promotion Terms and the applicable Promotion’s Rules carefully before you participate in a Promotion. By participating in a Promotion, you represent and agree to be bound by the applicable Rules and these Promotion Terms. In order to participate in a Promotion offered within the Services (as defined in the Terms of Use (“Terms of Use”)), you must also agree to the Terms of Use and the Privacy Policy (the “Privacy Policy”). If you do not agree with the Terms of Use or Privacy Policy, then you immediately should stop using or accessing the Services.

1. ELIGIBILITY

To be eligible to participate in a Promotion, at the time and date of entry and during the entire length of such Promotion:

• if you are participating in the Promotion as an individual, then you must be of legal age in the jurisdiction in which you reside and you must have the legal capacity to enter into these Promotion Terms and the applicable Rules and be bound by the foregoing;
• if you are participating in the Promotion as an entity, then you must have the legal authority to accept these Promotion Terms and the applicable Rules on such entity’s behalf, in which case “you” (except as used in this paragraph) will mean that entity;
• you must not be a US Person;
• you must not be a resident, citizen or agent of, or incorporated in, and do not have a registered office in Iran, Cuba, North Korea, Syria, Myanmar (Burma), the regions of Crimea, Donetsk or Luhansk, or any other country or region that is the subject of comprehensive country-wide or region-wide economic sanctions by the United States (collectively, “Restricted Territories”);
• you are not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) (collectively, “Sanctioned Person”);
• you must not intend to transact with any Restricted Person or Sanctioned Person;
• you must not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services;
• your access to the Services (a) must not be prohibited by and not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over SwapBase, you, the Site (as defined in the Terms of Use) or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Laws”); and (b) must not contribute to or facilitate any illegal activity; and
• you must meet all additional eligibility requirements set forth in the applicable Rules.

Further, SwapBase reserves the right to limit or refuse your eligibility to participate in any Promotion for any reason in its sole discretion, including where your participation is prohibited by Applicable Laws. If SwapBase becomes aware of any violation of these Promotion Terms, the applicable Rules or the Terms of Use, SwapBase may elect to, among other things, (i) prohibit you from using the Services; or (ii) withhold, amend, or cancel the benefits or rewards of any Promotion.

2. PROMOTION START AND END TIMES AND CONDITIONS

Each Promotion will start and end as described in the applicable Rules (“Promotion Period”). Engaging in any activity before or after the Promotion Period will not result in receiving any benefits or rewards from the Promotion. SwapBase determines in its sole discretion when a Promotion Period is deemed to have started and ended.

3. HOW TO PARTICIPATE

To participate in a Promotion, during the Promotion Period, subject to eligibility, you must follow the instructions in the applicable Rules. All Promotions are limited to one benefit or reward per person. To ensure that the Promotion is limited to one benefit or reward per person, SwapBase reserves the right to permit only one person per household IP address, Ethereum network address, email address, or other factors SwapBase decides in its sole discretion.

4. PROMOTION ADMINISTRATION

SwapBase hereby reserves the right to amend, suspend, or terminate any Promotion at any time with or without prior notice or consent. SwapBase further reserves the right to amend, withhold, or cancel any Promotion rewards or benefits granted if SwapBase becomes aware of any violation of these Promotion Terms, the applicable Rules or the Terms of Use. Administration of Promotions is at the sole discretion of SwapBase, subject to the Applicable Laws. Any questions relating to eligibility, these Promotion Terms, the applicable Rules, or the Promotion will be resolved at SwapBase’s sole discretion and its decision will be final and binding with respect thereto. If it is discovered by SwapBase that you have or have attempted to (a) participate more than the maximum number of times permitted under the applicable Rules for a Promotion, or (b) use multiple Ethereum network addresses to participate in a Promotion, then you will be disqualified from the Promotion.

5. PRIVACY

By participating in a Promotion, you acknowledge and agree that any personal information that you provide will be maintained in accordance with the Privacy Policy. By participating in a Promotion, you hereby (a) grant to SwapBase the right to use your name, email address and any other information you provide to SwapBase (“Personal Information”) for the purpose of administering the Promotion; (b) grant to SwapBase the right to use your Personal Information for publicity, promotional, marketing and advertising purposes relating to the Promotion, in any and all media now known or hereafter devised, without further compensation unless prohibited by Applicable Laws; and (c) acknowledge that SwapBase may disclose your Personal Information to its third-party agents and service providers in connection with any of the foregoing activities. SwapBase will use your Personal Information only for the identified purposes and as contemplated in the Privacy Policy.

6. RELEASE AND PUBLICITY

YOU AGREE TO RELEASE AND HOLD HARMLESS SwapBase AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AFFILIATED COMPANIES, SUBSIDIARIES, SUPPLIERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN A PROMOTION. YOU AGREE THAT SwapBase AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AFFILIATED COMPANIES, SUBSIDIARIES, SUPPLIERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, AGENTS, SUCCESSORS AND ASSIGNS ARE NOT LIABLE FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING FROM PARTICIPATION IN A PROMOTION AND ACCEPTANCE, POSSESSION AND USE OF THE BENEFITS OR REWARD OF A PROMOTION. SwapBase IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PUBLICATION OF THE OFFER OR ADMINISTRATION OF THE PROMOTION OR ANNOUNCEMENT THEREOF.

7. TAXES

You will be solely responsible for all income tax liabilities that arise from or in any way relate to any benefit or reward that SwapBase conveys to you, including income taxes, sales, personal property, use, VAT, excise, withholding, and self-employment taxes. SwapBase has the right to withhold from any amounts payable to you such foreign, federal, state, or local taxes as may be required to be withheld under any Applicable Laws. You must report the value of the benefit or reward you receive from SwapBase.

8. GENERAL

Sections 11 through 17 of the Terms of Use are incorporated herein by reference, and you are equally subject to those provisions mutatis mutandis with respect to these Promotion Terms and each Promotion and its applicable Rules. Unless the context expressly otherwise requires, for purposes of these Promotional Terms, (a) wherever the word “include,” “includes” or “including” is used in these Promotional Terms, it will be deemed to be followed by the words “without limitation”; and (b) the word “or” will not be exclusive.